ARUNA BEDI Vs. NARINDER RANA

JUDGEMENT

(1.) The instant intra-Court appeal is directed against the order dtd. 8/1/2019, whereby learned Single Judge has vacated the ex parte ad interim injunction order dtd. 15/10/2013 and resultantly accorded permission to respondent No. 8-State Bank of India to proceed in respect of residential house in possession of the appellant under the Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (hereinafter referred to as "SARFAESI Act").

(2.) It is not necessary to refer to the facts in extenso, as the Civil Suit is still pending before this Court on original side.

(3.) In sum and substance, the appellant's case is that the Special Power of Attorney allegedly executed by her, is a forged and fabricated document and so are the subsequent sale deeds executed pursuant thereto. It is an admitted fact that after the sale transactions of the year 2009, the suit property was mortgaged in favour of State Bank of India by respondents No.5 to 7 as guarantors. As the loanee has statedly failed to repay the loan amount, the Bank has initiated action under the SARFAESI Act. The subject house being a mortgaged property, the Bank intends to take its possession in exercise of powers under Sec. 13 (4) read with Sec. 14 of the SARFAESI Act. It is in this backdrop that the appellant has filed the suit for declaration and permanent injunction.